PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Microsoft Just Won a Big Victory Against Government Surveillance — Why It Matters

Yesterday, Microsoft won a huge case against government surveillance, a case with very important implications: In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation.

Can the FBI Force Apple to Write Software to Weaken Its Software?

Privacy Awareness Training

A dramatic legal battle is taking place that will have dramatic implications for the future of technology, privacy, security, and the extent of government power.  The FBI obtained an order from a magistrate judge to force Apple to develop software to help the FBI break into an encrypted iPhone.

Without Scalia, Will There Be a 4th Amendment Revolution?

The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases.  One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering.  A new justice could usher in a dramatic expansion […]

A New US-EU Safe Harbor Agreement Has Been Reached

EU-US Privacy Shield Safe Harbor Training

Last year, the death of the US-EU Safe Harbor Arrangement sent waves of shock and despair to the approximately 4500 companies that used this mechanism to transfer personal data from the US to the EU.  But a new day has dawned.

Privacy Need Not Be Sacrificed for Security

NSA Surveillance

I’ve long been saying that privacy need not be sacrificed for security, and it makes me delighted to see that public attitudes are aligning with this view.  A Pew survey revealed that a “majority of Americans (54%) disapprove of the U.S. government’s collection of telephone and internet data as part of anti-terrorism efforts.”  The anti-NSA […]

The Kafkaesque Sacrifice of Encryption Security in the Name of Security

Encryption Backdoors - Kafkaesque

By Daniel J. Solove Proponents for allowing government officials to have backdoors to encrypted communications need to read Franz Kafka.  Nearly a century ago, Kafka deftly captured the irony at the heart of their argument in his short story, “The Burrow.” After the Paris attacks, national security proponents in the US and abroad have been […]

Does Cybersecurity Law Work Well? An Interview with Ed McNicholas

Cyber Security

“The US is developing a law of cybersecurity that is incoherent and unduly complex,” says Ed McNicholas, one of the foremost experts on cybersecurity law.  McNicholas is a partner at Sidley Austin LLP and co-editor of the newly-published treatise, Cybersecurity: A Practical Guide to the Law of Cyber Risk (with co-editor Vivek K. Mohan).   The […]

Modernizing Electronic Surveillance Law

By Daniel J. Solove Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more. This is no ordinary […]

Great Fictional Works About Privacy and Security

By Daniel J. Solove At my annual event, the Privacy+Security Forum, which was held last month, one of the sessions  involved privacy and security in fiction. The panelists had some terrific readings suggestions, and I thought I’d share with you the write-up that they generated for their session. The speakers were: Peter Winn, Assistant U.S. […]

Alan Westin’s Privacy and Freedom

Alan Westin Privacy and Freedom

I am pleased to announce that Alan Westin’s classic work, Privacy and Freedom, is now back in print.  Originally published in 1967, Privacy and Freedom had an enormous influence in shaping the discourse on privacy in the 1970s and beyond, when the Fair Information Practice Principles (FIPPs) were developed. The book contains a short introduction […]